rebuttable presumption


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Rebuttable Presumption

A conclusion as to the existence or nonexistence of a fact that a judge or jury must draw when certain evidence has been introduced and admitted as true in a lawsuit but that can be contradicted by evidence to the contrary.

A rebuttable presumption can be overturned only if the evidence contradicting it is true and if a reasonable person of average intelligence could logically conclude from the evidence that the presumption is no longer valid. For example, a person who has been judicially declared incompetent is presumed incompetent unless there is sufficient proof, usually in the form of medical testimony, that the person has regained competency.

In Criminal Law, there is a Presumption of Innocence in favor of the accused. The prosecution must establish Beyond a Reasonable Doubt that the accused committed the crime charged.

rebuttable presumption

n. since a presumption is an assumption of fact accepted by the court until disproved, all presumptions are rebuttable. Thus rebuttable presumption is a redundancy. (See: presumption)

rebuttable presumption

see PRESUMPTION.
References in periodicals archive ?
Most importantly, the Council created the rebuttable presumption of harassment upon the landlord in any court proceeding alleging tenant harassment.
Allowing chief police officers additional discretion to withhold disclosure, taking into account age and the circumstances of the offences, with a rebuttable presumption against disclosure of offences committed during childhood.
considering the feasibility of extending this new approach, possibly with modifications, to the disclosure of offences committed by young adults up to the age of 25 | allowing chief police officers additional discretion to withhold disclosure, taking into account age and the circumstances of the offences, with a rebuttable presumption against disclosure of offences committed during childhood, and | giving individuals the right to apply for a review by the Independent Monitor of police decisions to disclose convictions of cautions.
This, Villanueva said, therefore '(gave) rise at least to the rebuttable presumption that (Marcelino's) true objective was unlawful.
One recommendation has already been addressed with a recent amendment to The Workers Compensation Act, 2013 to establish a rebuttable presumption to workers experiencing psychological injuries caused by workplace trauma.
This is based on the fact that the premises is situated within a cumulative impact area, where the rebuttable presumption is that an application will be refused unless it can be shown that the premises concerned will not add to the cumulative impact on the licensing objectives being experienced.
Rebuttable Presumption of Significant Public Benefit for Reformulation
NYPMIFA creates a rebuttable presumption of imprudence if, in any year, a nonprofit appropriates more than 7% of the fund's average fair value over the prior five years after considering eight specific factors.
HB 943, which passed 93-22, provided that for marriages of two years or less, there would be a rebuttable presumption that no alimony would be awarded.
A rebuttable presumption is a conclusion to a fact in presence of certain evidence and can be overturned only if an evidence on the contrary is provided to.
The Western District then addressed the rebuttable presumption part of the ordinance.